SB0139 96TH GENERAL ASSEMBLY

LRB096 04245 JDS 14291 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0139

Introduced 1/30/2009, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

510 ILCS 70/3.03

Amends the Humane Care for Animals Act. Limits the situations when a person could dock an animal's tail or crop its ears without violating the Act's prohibition against "animal torture". Establishes that the following is not "animal torture": (i) tail docking performed by an Illinois licensed veterinarian for a medical reason (now, just "tail docking") or (ii) ear cropping performed by an Illinois licensed veterinarian for a medical reason (now, just "ear cropping"). Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Humane Care for Animals Act is amended by changing Section 3.03 as follows:

(510 ILCS 70/3.03)

Sec. 3.03. Animal torture.

(a) A person commits animal torture when that person without legal justification knowingly or intentionally tortures an animal. For purposes of this Section, and subject to subsection (b), "torture" means infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the animal.

(b) For the purposes of this Section, "animal torture" does not include any death, harm, or injury caused to any animal by any of the following activities:

(1) any hunting, fishing, trapping, or other activity allowed under the Wildlife Code, the Wildlife Habitat Management Areas Act, or the Fish and Aquatic Life Code;

(2) any alteration or destruction of any animal done by any person or unit of government pursuant to statute, ordinance, court order, or the direction of a licensed veterinarian;

(3) any alteration or destruction of any animal by any person for any legitimate purpose, including, but not limited to: castration, culling, declawing, defanging, ear cropping, euthanasia, gelding, grooming, neutering, polling, shearing, shoeing, slaughtering, spaying, tail docking, and vivisection; and

(4) any other activity that may be lawfully done to an animal; and .

(5) tail docking performed by an Illinois licensed veterinarian for a medical reason or ear cropping performed by an Illinois licensed veterinarian for a medical reason.

(c) A person convicted of violating this Section is guilty of a Class 3 felony. As a condition of the sentence imposed under this Section, the court shall order the offender to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.

(Source: P.A. 91-351, eff. 7-29-99; 92-650, eff. 7-11-02.)

Section 99. Effective date. This Act takes effect upon becoming law.